Own brand under PPWR: who is the manufacturer?

Short answer: as a rule, yes - you are the manufacturer. And in the Polish context, often also separately a producer for EPR purposes. This is one of the most common misunderstandings around PPWR, so let's break it down.

Many companies assume that because the packaging is physically made by a factory, the PPWR obligations rest with that factory. In the case of an own brand, the manufacturer's obligations often rest not with the factory that makes the packaging, but with the company that commissioned its design or manufacture under its own name or trademark.

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Why an own brand makes you the manufacturer

PPWR defines the manufacturer by actual function, not by who stands at the machine. The manufacturer is the entity that manufactures the packaging or packaged product - but you also gain this status if you commission the design or manufacture of packaging under your own name or trademark and have influence over its specification.

If you commission the design or manufacture of packaging or a packaged product under your own name or trademark, then as a rule it is you who is the manufacturer - even when the physical production is carried out by an external factory and another trademark is also visible on the product.

So who the manufacturer is depends primarily on who commissions the design or manufacture of the packaging under its own brand and decides on its specification - not on the mere fact of physical production. The presence of your name or mark on the packaging makes it possible, as a rule, to assume that you are the manufacturer, because you usually have the decisive influence over the relationship with suppliers and the characteristics of the packaging.

According to the European Commission's guidance, there is a single manufacturer for a given packaging item across the whole EU. This distinguishes this test from the EPR-producer test described below.

An own brand is often a dual role: manufacturer + EPR producer

Here comes a nuance that is easy to miss. "Manufacturer" and "producer" are two separate concepts under PPWR, determined by different tests:

The manufacturer is responsible for the packaging's compliance - the conformity assessment, the technical documentation and the declaration of conformity. It is determined by who commissions the design/production under its own brand. There is one across the whole EU.
The producer is a concept from the extended producer responsibility (EPR) layer - it concerns registration, reporting and financing of waste management. It is determined by who first makes the packaging available in the territory of a specific Member State.

An own brand can therefore mean a dual role: manufacturer and EPR producer. This does not happen automatically, however. The manufacturer is determined at EU level, whereas the EPR producer must be determined separately for each Member State - taking into account where the packaging or packaged product is first made available, as well as the further distribution model.

Example from the Commission's guidance: if you pack a product under your own brand and are the first to make it available on the Polish market, you are the EPR producer in Poland. If the same product then goes to a distributor in another Member State, the EPR producer in that country may become that distributor. Your manufacturer status, meanwhile, remains a single one - yours.

One important exception: micro-enterprises

PPWR provides for an exception for micro-enterprises that commission the manufacture of packaging. In their case, the packaging supplier is treated as the manufacturer - but only on condition that the supplier is located in the same Member State as the micro-enterprise. If the packaging supplier is located in a Member State other than your company, the exception does not apply. Importantly, this exception concerns the manufacturer's obligations - it does not remove reporting obligations under the EPR system.

A micro-enterprise is a company employing fewer than 10 people and with an annual turnover or balance-sheet total not exceeding EUR 2 million (the definition applies as worded on 11 February 2025). If you exceed these thresholds, you are a manufacturer under the general rules.

What manufacturer status means in practice

As the manufacturer, you bear the main responsibility for the packaging's compliance with PPWR. The declaration and documentation are drawn up for each type of packaging. Specifically, you must:

carry out the packaging conformity assessment procedure (Annex VII) before placing it on the market
draw up the technical documentation (TD) covering - as relevant to the given packaging - among other things its description and use, component materials, design documentation, the standards and specifications applied, the results of assessments and the required test reports
issue the EU declaration of conformity (DoC) using the template in Annex VIII and take responsibility for its content
ensure the packaging design complies with the applicable requirements (Articles 5-12: substances, recyclability, minimisation and others)
retain the documentation - 5 years for single-use packaging, 10 years for reusable packaging

In practice, this also means having to collect data and documentation from the suppliers of packaging components (films, labels, closures) - they provide you with the information confirming compliance with Articles 5-12, but it is you who issues the declaration.

The most common mistake we see

"We don't produce packaging, we're just the brand owner / importer" - this sentence leads to a wrong determination of the role and a failure to meet obligations. The manufacturer's responsibility cannot be passed on to the factory or to a non-EU supplier.

The consequences of misclassification are real. From the start of PPWR's application, packaging will be brought under the EU market-surveillance system. Authorities will be able to verify declarations and documentation, demand corrective action and, in the event of non-compliance, restrict the making available of the packaging, order its withdrawal or recall. Member States, in turn, are to lay down rules on penalties for PPWR infringements by 12 February 2027. In B2B and retail channels there is the added risk of losing contracts with buyers who will demand declarations from their suppliers.

Not sure about your situation? Check in 2 minutes

Classification depends on the specific packaging, brand, product origin and the way it is placed on the market - and one company may have several roles at once. Instead of reading the regulation article by article, answer a few questions about your business model. The quiz will indicate your role (or roles), whether you are also an EPR producer, and the most important obligations and deadlines.

Sample result: "Manufacturer + potentially an EPR producer in Poland. You need technical documentation and a declaration of conformity for your packaging types."

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After the quiz you can receive, to your business e-mail, a full checklist of obligations and documents matched to your role - all you need is an address and a company name.

Hundreds of SKUs under your own brand? How to manage PPWR documentation

If you place tens or hundreds of SKUs on the market under your own brand, manually collecting data from suppliers and issuing declarations per packaging item quickly becomes unmanageable. Plan Be Eco automates the entire path: from supplier questionnaires, through validating the applicable PPWR requirements (including those from Articles 5-12), to generating the declaration of conformity and handling its signing workflow - with a single set of data entered once at component level.

See how to manage PPWR across many products ->

FAQ

I outsource packaging production to a factory - who is the manufacturer, me or the factory?

If you commission the design or manufacture of packaging under your own brand or trademark and decide on its specification, as a rule the manufacturer within the meaning of PPWR is you - even if it is physically produced by a factory. The exception is micro-enterprises that commission production to a supplier in the same Member State; in that case the supplier is treated as the manufacturer.

What is the difference between a manufacturer and an EPR producer for an own brand?

The manufacturer is responsible for the packaging's compliance (conformity assessment, technical documentation, declaration of conformity). The producer is a concept from the area of extended producer responsibility (registration, reporting, financing of waste management, in Poland through, among others, the BDO database). With an own brand, you are often simultaneously the manufacturer and the EPR producer.

I have a small company - does the micro-enterprise exception cover me?

Only if you are a micro-enterprise (fewer than 10 people and turnover or balance-sheet total up to EUR 2 million) and commission production to a supplier located in the same Member State as your company. Then the supplier is treated as the manufacturer. If the packaging supplier is in another Member State, or you exceed the micro-enterprise thresholds, you are a manufacturer under the general rules. The exception does not remove reporting obligations under the EPR system.

Who issues and signs the declaration of conformity for own-brand packaging?

The EU declaration of conformity is issued by the manufacturer - so, for an own brand, most often you. It is signed by a person authorised to act on behalf of the manufacturer. In line with Annex VIII, the document should indicate their name, function, place and date of issue, and signature. The declaration is drawn up for each type of packaging.

Can I shift the manufacturer's responsibility onto the factory or a non-EU supplier?

No. Responsibility for the packaging's compliance cannot be passed on to a contract producer or to a supplier from a third country. Suppliers are obliged to provide you with documentation confirming the components' compliance, but it is the manufacturer who issues the declaration and bears responsibility.

Update: June 2026. This article reflects the European Commission's guidance C(2026) 3702 final of 5 June 2026 on the application of Regulation (EU) 2025/40 (PPWR), including the distinction between the manufacturer's role and that of the EPR producer.

The above content is for educational and informational purposes only. It does not constitute legal advice or a legal opinion and may not be relied upon as the basis for decisions in an individual case. Classifying your role under PPWR depends on the specific facts - if in doubt, consult a legal adviser or a compliance specialist.

Plan Be Eco is a Polish SaaS platform for ESG and EU-regulation compliance, with a PPWR module that guides you through the full compliance path - from supplier data to a signed declaration of conformity.

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